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Can I Be Charged for Self-Defense?

We all have the right to defend ourselves, however, there are limits to
what we can do in self-defense. The amount of physical force required
to defend one’s self varies depending on the circumstances of the
conflict. Self-defense laws are intended to protect the people who didn’t
initiate the conflict. Self-defense does not apply to violent aggressors.
In this blog, we explain if you can be charged for defending yourself.

Stand Your Ground Law

Many states now have a “stand your ground” or “no retreat”
rule. Florida is one of these states. The theory behind such laws is that
people who aren’t in the wrong shouldn’t have to flee in fear
from their attackers.

Critics of stand your ground law have argued that such laws actually encourage
violent encounters. States that hold this view point typically require
that innocent people who can safely retreat from an attacker, do so, instead
of responding with violence or deadly force. Those who support the “retreat
requirement” have suggested that falling back isn’t necessary
if it would place you in further danger of being attacked.

In stand your ground states, a non-aggressor who has the opportunity to
safely retreat, but doesn’t take it is allowed to use deadly force
against their attacker, if they reasonably believe they will be killed
or suffer serious injury.

The Castle Doctrine

Although critics disagree over the specifics of stand your ground laws,
there’s much less disagreement when it comes to what is known as
“castle doctrine.” Generally, states with retreat requirements
don’t force people to run from their homes, even when they know
they can do so safely.

Although the specifics of this doctrine varies in each state, generally,
innocent people who are being attacked in their home don’t need
to retreat, even if they can do so safely. Instead, they can use lethal
force if they are in apparent danger of suffering serious injury.

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Disclaimer

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.